PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PENANGKAPAN IKAN DENGAN MENGGUKAN BAHAN PELEDAK (Analisis Putusan Perkara No: 71/Pid.B/LH/2020/PN Mam)

Abstract

Illegal Fishing is a criminal act regulated by Law no. 31 of 2004. Illegal Fishing is fishing activity that violates state law or international regulations, including the use of dangerous tools or materials without a complete permit and violates the specified area, route or time. This study aims to find out the legal rules regarding the crime of using Illegal Fishing gear, criminal sanctions or penalties for the use of Illegal Fishing gear, and analysis of the considerations of the Panel of Judges in the Decision of Case No. 71/Pid.B/LH/2020/PN Mam . The data collection technique used in this study was a literature study to obtain concepts, theories or doctrines, opinions or conceptual thoughts from previous researchers related to the object of this research, which could be laws and regulations or other sources. This research is a juridical analytical descriptive research. Based on this decision, the defendant was found guilty and sentenced to 6 months imprisonment and given a court fee of Rp. 2,000,-. The evidence taken by the defendant was destroyed except for the wooden boat which was returned.

Keywords: Illegal Fishing, crime, criminal liability, criminal sanctions, analysis of the judges' considerations